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Jammu & Kashmir Wildlife (Protection) Act, 1978
THE JAMMU AND KASHMIR WILDLIFE (PROTECTION) Act, 1978
[Act. No. VIII of 1978]
[9th May, 1978.]
An act to provide for the protection of [*wild animals, birds
and plants]1 and for
maters connected therewith or ancillary or incidental
thereto.
[The Principal Act * ]2[*CHAPTER I]
Preliminary
1. Short title, extent and commencement.-
(1) This Act may be called the Jammu and Kashmir Wildlife
(Protection) Act, 1978.(2) It extends to the whole of J&K
State. (3) It shall come into force on such date [***] as the
Government may, be
notification, appoint and different dates may be appointed for
different provisions of this Act.
2. Definitions.- In this Act, unless the context otherwise
requires:-
(1) “animal” includes all forms of life such as mammals, birds,
reptiles, amphibians, fish and invertebrates and also includes in
the case of birds and reptiles, their eggs.
(2) “animal article” means an article made from any captive
animal or wild animal, other than vermin, and includes an article
or object in which the whole or any part of such animal has been
used, [and ivory and an article made therefrom;*
(3) Omitted 2002*](4) “Board” means [ * State Board for
Wildlife] constituted under subsection (1) of
section 5.(5) “captive animal” means any animal [* which is kept
or bred in captivity including
those animals specified in Schedule I, Schedule II, Schedule
III, and Schedule IV but does not include livestock; ]
(6) Omitted 2002* ](7) “chief wild life warden” means the person
appointed as such under clause (a) of
sub-section (1) of section 3;(8) [Omitted 2002 * ](9)
“Collector” means the collector as defined in the Land Revenue Act.
Svt. 1996.
or any Officer not below the rank of Assistant Commissioner or
Assistance Conservator of Forests appointed by the Government to
carry out any of the functions under this Act; 9(a) “composition
means the value of the forest produce together with the
compensation imposed under the provisions of this Act;
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9(b) “conservation reserve” means any area declared as such
under section 36A of this Act; *
(10) “dealer” means any person who [ “buys or sells or carries
on the business of buying and selling any captive animal, animal
articles, trophy, uncured trophy, meat or specified plant and
includes a person engaged even in a single transaction;” ]
(11) “demarcated forest” means and includes the demarcated
forest as defined under clause (c) of section 2 of the Jammu &
Kashmir Forest Act, Samvat 1987;
(11A) “forest based industry” means and includes forest based
industry as defined under clause (d) of section 2 of the Jammu and
Kashmir Forest Act, Samvat 1987;
(11B) “Forest Officer” means and includes the Forest Officer as
defined under callused (f) of section 2 of the Jammu and Kashmir
Forest Act, Samvat 1987;
(11C) “Forest Produce” means and includes the forest produce as
defined under clause (g) of section 2 of the Jammu and Kashmir
Forest Act, Samvat 1987.;”
(12) “government property” means any property in respect of
which an offence is committed under the provisions of the Act or
rules made there under;
(13) “habitat” includes land, water or vegetation [* which is
natural habitat of any wild animal or specified plant;]
(14) “hunting” with its grammatical variations and cognate
expressions, includes;(a) [*capturing cursing,] killing, poisoning,
snaring and trapping of any wild animal
and every attempt to do so;(b) [driving or baiting*] any wild
animal for any of the purposes specified in sub-
clause (a);(c) Injuring or destroying or taking any part of the
body of any such animal or, in the
case of wild birds or reptiles, damaging the eggs of such birds
or disturbing the eggs or nests of such birds or reptiles;
(15) “land” includes canals, creeks and other water channels,
reservoirs, rivers, streams and lakes [* whether artificial or
natural, marshes and wetlands,] and also includes boulders and
rocks;
(16) “licence” means a licence granted under this Act; (16A)
“livestock” means farm animals and includes buffaloes, bulls,
bullocks,
camels, cats, dogs, cows, donkeys, goat, sheep, horses, mules
pigs, yak, zhoes, zhomoes, ducks, geese, poultry and also includes
their youngs but does not include an animal specified in the
Schedules of this Act;
(17) “manufacturer” means [* manufacturer of articles made from
any animal or plantspecified in the Schedules or this Act;]
(18) (18) “meat” includes blood, bones, sinew, eggs, shell or
carapace, fat and flesh with or without skin whether raw or cooked,
of any animal, captive or wild other than vermin;]
(19) “national park” means [an area declared as such under
section 35 of this Act;*(19A) “notification” means a notification
published in the Government Gazette; *(20) “permit” means a permit
granted under this Act or any rule made thereunder;(21) “person”
[*means and includes a person or a firm or a company or a
corporation
or an agency or an organization or an association of other
individuals;(22) “prescribed” means prescribed by rules made under
this Act.
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(22A) “protected area” means a National Park or a Sanctuary or a
Conservation Reserve declared as such under this Act;
(22B) “recognized zoo” means a zoo recognized under section 37C
of this Act; * ](23) “royalty” means fee chargeable from a licensee
or a permit holder;* ](24) “sanctuary” means an area [declared as
such under section 17 or section 25A of
this Act; * ](25) [Omitted 2002 * (26) “saw mill” means and
includes saw mill as defined under clause (i) of section 2
of the Jammu and Kashmir Forest Act, Samvat 1987(26A) “Schedule”
means the Schedule of this Act;(26B) “Schedule animal” means an
animal specified in Schedule VI of this Act;(26C) “specified plant”
means any plant specified in Schedule VI of the Act;(26D)
“specified scheduled animal” means an animal specified in Schedule
I or Part
II of Schedule II of this Act;(26E) “specified scheduled animal
article” means an article made from any specified
scheduled animal and includes an article or object in which the
whole or any part of such animal has been used but does not include
tail-feather of peacock, an article or trophy made therefrom and
snake venom or its derivative; *]
(27) “taxidermy” with its grammatical variations and cognate
expressions, means the curing, preparation or preservation or
[mounting of animal ] trophies;
(28) “transporter” includes a person, a private agency, a
Government department, Corporation or any other agency engaged in
the transport of goods whether on his own behalf or an behalf of
any other person:
(29) “trophy” means the whole or any part of any captive animal
or wild animal other than vermin, which has been kept or preserved
by any means whether artificial or natural, and includes –
a) rugs, skins and specimens of such animal mounted in whole or
in part through a process of taxidermy; and
b) (b) antler, bone, carapace, shell, horn, rhinoceros horn,
hair, feather, nail, tooth, tusk, musk, eggs and nests; *]
(30) “uncured trophy” means the whole or any part of any captive
animal or wild animal, other than vermin, which has not undergone a
process of taxidermy and includes a [ freshly killed wild animals,
musk and other animal products;
(30A) “undemarcated forest” means and includes undermarcated
forest as defined under clause (m) of section 2, of the Jammu and
Kashmir Forest Act, Samvat 1987; *]
(31) “vehicle” means any conveyance used for movement on land,
water or air includes buffalo, bull, bullock, camel, donkey,
elephant, horse and mule;
(32) “vermin” means any wild animal, specified in Schedule
V;(33) “weapon” includes ammunition, bows and arrows, explosives,
fire-arms, hooks,
knives, nets, poison, snares and traps and any instrument or
apparatus capable of [* anaesthetizing, decoying, destroying ]
injuring or killing an animal ;
(34) “wild animal” means animal, found wild in nature and
includes any animal specified in Schedule I, Schedule II, Schedule
III or [ * Schedule IV or Schedule V ] wherever found;
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(35) “wildlife” means the entire native uncultivated flora and
fauna, [ and includes any animal and aquatic or land vegetation,
which form part of any habitat; *]
(36) “wildlife warden” means the person appointed as such [ *
under clauses (a), (b) and (c) of sub-section (1) of section 3 of
this Act and includes any Forest Officer;
(36A) “zoo” means any establishment, where captive animals are
kept for exhibition to the public but does not include an
establishment of a licensed dealer in captive animals; *]
CHAPTER IIAuthorities to be appointed or constituted under the
Act
3. Appointment of Chief Wildlife Warden and other Officers. –(1)
The Government may, for the purposes of this Act, appoint-
(a) Chief Wildlife Warden;(b) Regional Wildlife Wardens;(c)
Wildlife Wardens;(d) Assistant Wildlife Wardens;(e) One Honorary
Wildlife Warden in each District; and(f) Such other officers and
employees as may be necessary; *]
(2) In the performance of his duties and exercise of his powers
by or under this Act, the Chief Wild Life Warden shall be subject
to such general or special directions, as the Government may [give
] from time to time.
(3) The Regional Wildlife Wardens, the Wildlife Wardens,
Assistant Wildlife Wardens and the Honorary Wildlife Wardens and
other officers and employees appointed under this section shall be
subordinate to the Chief Wildlife Wardens; * ]
4. Power to delegate. – (1) The Chief Wild Life Warden may with
the previous approval of the
Government, by order in writing, delegate all or any of his
powers and duties under this Act, except those under clause (a) of
sub-section (1) of section 10 to any officer subordinate to him
subject to such conditions, if any, as may be specified in the
order.
(2) Subject to any general or special direction given or
condition imposed by the Chief Wild Life Warden, any person,
authorized by the Chief Wild Life Warden to exercise any powers,
may exercise those powers in the same manner and to the same effect
as if they had been conferred on that person directly by this Act
and not by way of delegation.
5. Constitution of State Board for Wildlife]. – (1) The
Government shall, within six months of the commencement of the
Jammu
and Kashmir Wildlife (Protection) (Amendment) Act, 2002
constitute a State Board for Wildlife consisting of the following
members, namely:-
(a) The Chief Minister ……Chairperson;(b) Minister Incharge of
Forests and Wildlife …..Vice-Chairman;
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(bb) Two members from Legislative Assembly and one member from
Legislative Council, to be nominated by the Government;
(c) Chief Secretary to Govt. ….. Member;(d) Three
representatives of NGO’s nominated by the Government;(e) five
non-officials to be nominated by the Government from amongst
eminent
conservationists, ecologists and environmentalists, including at
least two representatives of the Scheduled Tribes;
(f) Secretary to Government, Department of Forest;(g) Principal
Chief Conservator of Forests;(h) Secretary to Government,
Department of Social Welfare;(i) Secretary to Government, Tourism
Department;(j) Director General of Police or his representative not
below the rank of
Inspector General of Police;(k) General Officer Commanding,
Northern Command, or his representative, not
below the rank of Brigadier;(l) Secretary to Government, Animal
Husbandry Department;(m)Head of the Fisheries Department;(n)
Additional Director General of Forests (Wildlife), Government of
India, New
Delhi or his representative not below the rank of DIG Forests
(Wildlife);(o) Director, Wildlife Institute of India, Dehradun or
his representative;(p) Director, Botanical Survey of India or his
representative;(q) Director, Zoological Survey of India or his
representative; and(r) Chief Wildlife Warden, also shall be the
ex-officio Member-Secretary; *]
(2) Report made by the Board will be placed on the Table of the
House.(3) Omitted, 2002(4) The Terms of office of the non-official
member of the Board referred in
clauses (d) and (e) shall be three years and they shall be
appointed in such manner as may be prescribed; ] and(5) The members
shall be entitled to receive such allowances in respect of expenses
incurred in the performance of their duties as [ is admissible to a
Class I Officer of the Government. *]
6. Procedure to be followed by the Board. – (1) The Board shall
meet at least twice a year at such place as the Government
may direct.(2) The board shall regulate its own procedure. The
quorum for the meeting of the
Board shall not be complete unless atleast four non-official
members are present;
(3) No act or proceeding of the board shall be invalid merely by
reason of the existence of any vacancy therein or any defect in the
constitution thereof or any irregularity in the procedure of board
not affecting the merits of the case.
(4) The Board shall appoint a standing committee to –(a) watch
the implementation of the recommendations of the Board and to aid
and advise the Government on any matter arising therefrom;
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(b) Carry out all such functions of the Board as the Board may,
from time to time, delegate to it, as well, to take action on
behalf of the Board while it is not in session; and(c) Constitute
specialized committees, sub-committees and study groups, as may be
necessary, from time to time, for the proper discharge of the
functions of the Board. ]
(7) Duties of the Board. – It shall be the duty of the Board to
–
(a) advise the Government –(i) in the selection and management
of the areas to be declared as protected areas;
(ii) in formulation of the policy for the protection and
conservation of wildlife and specified plants and for effectively
controlling poaching of wildlife.
(iii) in any matter relating to any Schedule;(iv) in relation to
the measures to be taken for harmonizing the needs of the
tribals and other dwellers of the forest with the protection and
conservation of wildlife; and
(v) in any matter that may be referred to it by the
Government;(b) carry out or cause to be carried out, impact
assessment of various developmental projects on Wildlife or its
habitat;(c) review, from time to time, the progress in the field of
wildlife conservation in the State and suggest measures for its
improvement and cause to be published in the Wildlife Report of the
State at least once in every three years ; and (d) perform such
other functions as are germane to the purposes for which the Board
is constituted. ]
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CHAPTER – III
HUNTING OF WILD ANIMALS
(8) Prohibitition of hunting – No person shall hunt any wild
animal specified in Schedule I, Schedule II, Schedule III and
Schedule IV except as provided under section and section 11 of this
Act. ]
(9) [* Omitted ] 2002
10. Hunting of wild animals to be permitted in certain cases:-
(I) Not withstanding anything contained in any other law for the
time being in
force and subject to the provisions of Chapter IV –
(a) the Chief Wild Life Warden may if he is satisfied that any
wild animal specified in Schedule I has become dangerous to human
life or is so disabled or diseased as to be beyond recovery by
order in writing and stating the reasons therefore permit any
person to hunt such animal or cause such animal to be hunted;[*
Provided that no such order for killing of any confirmed human
killer be passed unless the Chief Wildlife Warden is satisfied that
such animal can not be tranquilized, captured or translocated;
]
(b) the Chief Wild Life Warden or the authorized officer may, if
he is satisfied that any wild animal specified in Schedule II,
Schedule III or Schedule IV, has become dangerous to human life or
property including standing crops on any land or is so disabled or
diseased as to be beyond recovery, by order in writing and stating
the reasons therefor, permit any person to hunt such animal or
cause such animal to be hunted.
(c) Any order for capture and translocation passed under clause
(a) or clause (b) shall specify the area of release of such
captured animal and the time within which such release must be
carried out to reduce to the minimum the trauma caused to the
animal.
(d) No animal captured under this section shall be kept in
captivity unless the Chief Wildlife Warden is satisfied for
reasons, to be recorded in writing, that such animal cannot be
rehabilitated in the wild. *]
(2) The killing or wounding in good faith of any wild animal [*
in defence of one self] or of [any other person] shall not be an
offence;
Provided that nothing in this sub-section shall exonerate any
person, who when such defence becomes necessary was committing any
act in contravention of any provision of this Act or any rule or
order made thereunder.
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(3) Any wild animal killed or wounded in defence of [* any
person] shall be Government property.
11. Grant of permit for special purposes.- Not with standing
anything contained elsewhere in this Act, it shall be lawful for
the Chief Wildlife Warden,[* to grant] a permit, by an order in
writing, stating the reasons therefore, shall entitle the holder of
such permit,[to hunt, tranqualize or capture *] subject to such
conditions as may be specified in such permit, for the purposes
of-
(a) education; (b) scientific research; [** *]
Provided that where the permission is refused in part or whole,
the reasons shall be recorded and communicated to the applicant who
may appeal against the refusal to the Government ;]
(bb) scientific management; [Explanation: - for the purpose of
Clause (bb), the expression, “scientific
management ‘ means-(i) translocation of any wild animal to an
alternative suitable habitat; or (ii) population management of
wildlife, with out killing , poisoning or destroying
any wild animal”]
(c) collection of specimens for [* recognized zoos, ] museums
and similar institutions.Provided that the permit issued under
Clause ( c ) shall specify that only one specimen per institution
shall be allowed to be collected except in the case of plants where
upto two specimens per institution may be allowed:
Provided further that the Chief Wildlife Warden shall not permit
for such collection from the wild unless, he is satisfied that the
specimens required are not available in any zoo or herbarium or in
any other institution; or ]
(d) derivation, collection or preparation of snake venom for the
manufacture of life saving drugs.
(12) Suspension or cancellation of Permit. – The Chief Wild Life
Warden or the auhorised officer may, subject to any general
or special orders of the Government, for good and sufficient
reasons, to be recorded in writing, suspend or cancel any licence
granted under this Chapter:Provide that no such suspension or
cancellation shall be made except after giving the holder of the
permit a reasonable opportunity of being heard. *]
(13) Omitted 2002 ](14) Omitted 2002 ](15) Omitted 2002 ](16)
Omitted 2002 ]
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CHAPTER IIIAPROTECTION OF SPECIFIED PLANTS
16A. Prohibition of picking, uprooting, etc. of specified
plants. – Save as otherwise provided in this Chapter, no person
shall –
(a) willfully pick, uproot, damage, destroy, acquire or collect
any specified plant from any forest land, protected area and any
other area specified, by notification, by the Government;
(b) Possess, sell, offer for sale, or transfer by way of gift or
otherwise, or transport any specified plant, whether alive or dead,
or part or derivative thereof:
Provided that nothing in this section shall prevent a member of
a Scheduled Tribe, subjects to the provisions of Chapter IV, from
picking, collecting or processing in the district he resides any
specified plant or part or derivative thereof for his bonafide
personal use.
16B. Grant of permit for special purposes. – The principal Chief
Conservator of Forests, or the Chief Wildlife Warden, as the case
may be, may with the previous permission of the Government, grant
to any person a permit to pick, uproot, acquire or collect or
transport from a forest land, protected area or the area specified
under section 16A or transport, subject to such conditions as may
be specified therein, any specified plant for the purpose of .
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(a) education;(b) scientific research;(c) collection,
preservation and display in a herbarium of any scientific
institutions ;
or (d) propagation by a person or an institution approved by the
Government in this
regard.
16C. Cultivation of specified plants without licence prohibited.
–(I) No person shall cultivate a specified plant except under, and
in accordance with a
licence granted by the principal. Chief Conservator of Forests
or the Chief Wildlife Warden or any other officer authorized by the
Government in this behalf:
Provided that nothing in this section shall prevent a person,
who, immediately before the commencement of the Jammu and Kashmir
Wildlife (Protection) (Amendment) Act, 2002 was cultivating a
specified plant, from commencement, or where he has made an
application within that period for the grant of a licence to him,
until, the licence is granted to him, or he is informed in writing
that a licence cannot be granted to him.
(2) Every licence granted under this section shall specify the
area in which and the conditions, if any, subject to which the
licensee shall cultivate a specified plant.
16D. Dealing in specified plants without licence prohibited. –
(I) No person shall, except under and in accordance with a licence
granted by the
Principal, Chief Conservator of Forests or the Chief Wildlife
Warden or any other
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officer authorized by the Government in this behalf, commence or
carry on business or occupation as a dealer in a specified plant or
part or derivative thereof:
Provided that nothing in this section shall prevent a person,
who, immediately before the commencement of the Jammu and Kashmir
Wildlife (Protection) (Amendment) Act, 2002 was carrying on such
business or occupation, from carrying on such business or
occupation, for a period of forty-five days from such commencement,
or where he has made an application within that period for the
grant of a licence to him, until the licence is granted to him or
he is informed in writing that a licence can not be granted to
him.
(2) Every licence granted under this section shall specify the
premises in which, the period for which and the conditions, if any,
subject to which the licencee shall carry on his business.
16E. Declaration of stock. – (I) Every person cultivating, or
dealing in, a specified plant or part or derivative thereof
shall, within thirty days, from the date of commencement of the
Jammu and Kashmir Wildlife (protection) (Amendment) Act, 2002
declare to the Principal Chief Conservator of Forests or the Chief
Wildlife Warden or any other officer authorized by the Government
in this behalf, his stocks of such plants or part or derivative
thereof, as the case may be, on the date of such commencement.
(2) The Provisions of sub-section (3) to sub-section (8) (both
inclusive) of section 43, section 44, section 45 and section 46
shall, as far as may be, apply in relation to an application and a
licene referred to in section 16C and section 16D as they apply in
relation to the licence or business in animals or animal
articles.
16F. Possession, etc. of plants by licencee. – No licensee under
this Chapter shall –
(a) keep in his control, custody or possession. –(i) any
specified plant, or part or derivative thereof in respect of which
a
declaration under the provisions of section 16E has to be made,
but has not been made;
(ii) any specified plant, or part or derivative thereof which
has not been lawfully acquired under the provisions of this Act or
any rule, or order made there under;
(b) pick, uproot, collect or acquire any specified plant, or (c)
acquire, receive, keep in his control, custody or possession, or
sell, offer for sale
or transport, any specified plant or part or derivative thereof,
except in accordance with the condition subject to which the
licence has been granted and such rules as may be made under this
Act.
16G. Purchase, etc. of specified plants. – No person shall
purchase, receive or acquire any specified plant or part or
derivative thereof otherwise than from a licenced dealer.
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16H. Plants to be Government property. – (1) Every specified
plant or part or derivative thereof, in respect of which any
offence
under this Act or any rule or order made thereunder has been
committed, shall be the property of the Government.
(2) The provisions of sub-sections (2) and (3) of section 38
shall, be far as may be, apply in relation to the specified plant
or part or derivative thereof as they apply in relation to wild
animals and articles referred to in sub-section (I) of, that
section.
CHAPTER IV
Sanctuaries, National Parks, [****] and [Conservation
Reserves*]SACNCTUARIES
17. Declaration of a Sanctuary – (1) The Government may, by
notification, declare its intention intention to constitute any
area comprised within or outside nay demarcated or undemarcated
forest as a sanctuary if it considers that such area is of adequate
ecological, faunal, floral, geomorphological or natural
significance, for the purpose of protecting, propagating or
developing wildlife or its environment, including areas adjustment
to National Parks and those which link one protected area with
another.
(2) The notification referred to in sub-section (1) shall
specify, as nearly as possible, the situation and limits of such
area.
(3) Where any proceeding under any of the provisions of sections
17 to 24 (both inclusive) is pending on the date of commencement of
the Jammu and Kashmir Wildlife (protection) (Amendment) Act, 2002
with regard to any demarcated or undemarcated forests declared
under sub-section (I) to be a sanctuary, it shall be deemed to be a
sanctuary declared under this Act and the rights, if any recorded
at the time of declaration of the demarcated or undemarcated
forests, subject to the provision of section 24A, shall
continue:
Provide that when the Government issues or has issued a
notification under this Act declaring its intention to constitute
any area, not comprised within any demaracated or undemarcated
forest as a Sanctuary, the provisions of sections 26 to 34 (both
inclusive) shall come into effect forthwith:
Provided further that the Government shall make alternative
arrangements for supplying fuel, fodder and other forest produce
recorded as a right in government records, or given interim
compensation in lieu thereof as may be prescribed, till such time
such rights have been finally settled.
Explanation:- For purposes of this section, it shall be
sufficient to describe the area by road, rivers, ridges or other
well known or readily intelligible boundaries. *]
(17A) Appointment of Collector. –
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Within 180 days of coming into force of the Jammu and Kashmir
Wildlife (Protection) (Amendment) Act, 2002, or within ninety days
of the issue of notification under section 17, the Government shall
appoint an officer not below the rank of an Assistant Commissioner
or Assistant Conservator of Forests as Collector to inquire, into
and determine the existence, nature and extent of rights of any
person in or over the land comprised within the limits of the
sanctuary. ]
(18) Collector to determine rights .-When a notification has
been issued under section 17 ] the Collector shall inquire into and
determine, the existence, nature and extent of the rights of any
person in or over the land comprised within the limits of the
sanctuary.
(19) Bar of accrual of rights. – After the issue of a
notification under section 17, no right shall be acquired in, on or
over the land comprised within the limits of the area specified in
such notification, except by succession, restamentary or
intestate.
(20) Proclamation by Collector.- when a notification has been
issued under section 17 the Collector shall publish in the regional
language in every town and village in or in the neighbourhood of
the area comprised therein, a proclamation –
(a) specifying, as nearly as possible, the situation and the
limits of the sanctuary ; and(b) requiring any person, claiming any
right mentioned in section 18 to prefer before
the Collector, within two months from the date of such
proclamation, written claim in the prescribed form, specifying the
nature and extent of such right with necessary details and the
amount and particulars of compensation if any claimed in respect
thereof.
21. Inquiry by Collector .- The Collector shall, after issue of
proclamation expeditiously inquire into –
(a) the claim preferred before him under clause(b) of section
20, and(c) the existence of any right mentioned in section 18 and
not claimed under clause
(b) of section 20,so far as the same may be ascertainable from
the records of the State Government and the evidence of any person
acquainted with the same
22. Powers of Collector – For the purpose of such inquiry, the
Collector may exercise the following powers, namely
(a) the power to enter in or upon any land and to survey
demarcate and make a map of the same or to authorise any other
official to do so ;
(b) the same powers as are vested in a Civil Court, for the
trial of suits.
23. Acquisition of rights – (1) In the case of a claim to a
right in or over any land referred to in section 18, the
Collector shall pass an order admitting or rejecting the same in
whole or in part.
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(2) If such claim is admitted in whole or in part the Collector
may either – (a) exclude such land from the limits of proposed
sanctuary, or(b) proceed to acquire such land or rights, except
where by an agreement between the
owner of such land or holder of rights and the Government, the
owner or holder of such land and on payment of such compensation,
as is provided in the Land Acquisition Act, Svt. 1990.
[*(c) allow, with the prior approval of the Chief Wildlife
Warden, the continuance of any right of any person in or over any
land within the limits of the sanctuary. ]
24. Acquisition proceedings .- (1) For the purpose of acquiring
such land, or right in or over such land –(a) the Collector shall
be deemed to be a Collector, proceeding under the Land
Acquisition Act, Svt. 1990;(b) the claimant shall be deemed to
be a person interested and appearing before him
in pursuance of a notice given under section 9 of that Act;(c)
the provisions of the sections, preceding have been complied
with.(d) where the claimant does not accept the section 9 of that
Act, shall be deemed to
award made in his favour in the matter of compensation, he shall
be deemed, within the meaning of section 18 of that Act, to be
person interested who has not accepted the award and shall be
entitled to proceed to claim relief against the award under the
provisions of Part III of that Act;
(e) the Collector, with the consent of the claimant, or the
court, with the consent of both the parties, may award compensation
in land or money or partly in land and partly in money; and
(f) in the case of the stoppage of a public way or a common
pasture, the Collector may, with the previous sanction of the
Government, provide for an alterative public way or common pasture,
as far as may be practicable or convenient.
(2) The acquisition under this Act of any land or interest
therein shall be deemed to be acquisition for a public purpose.
(24-A) Period for completion of acquisition proceedings. – The
Collector shall complete the proceedings as contemplated under
section 20, section 21, section 22 and section 23 within a period
of two years from the date of the notification issued under section
17 and the laps of the period of two years prescribed shall not be
construed as the lapse of the notification issued under section 17.
]
(25) Delegation of Collector’s powers – The Government may, by
general or special order, direct that the powers exercisable or the
functions to be performed by the Collector under sections [ 17 to
24 a ] (both inclusive) may be exercised and performed by such
other officer as may be specified in the order.
(25A) Declaration of area as Sanctuary. – (I) When –
-
(a) a notification has been issued under section 17 and the
period of preferring claim has lapsed, and the claims, if any, made
in relation to any land in an area intended to be declared as a:
sanctuary, have been disposed off by the Government; or
(b) any area comprised within any demarcated or undemarcated
forest, which is considered by the Government to be of adequate
ecological, faunal, floral, geomorphological, natural or zoological
significance for the purpose of protecting, propagating or
developing wildlife or its environment, is to be included in a
sanctuary.
The Government shall issue a notification specifying the limits
of the area which shall be comprised within the sanctuary and
declare that the said area shall be Sanctuary on and from such date
as may be specified in the notification.
(2) NO alteration of the boundaries of a Sanctuary shall be made
except on the recommendation of the Board and a resolution to this
effect passed by both Houses of the State Legislature.
26. Restriction on entry in sanctuary. – No person other than ;
-(a) a public servant on duty ; [* within the limits of the
sanctuary; ](b) a person who has been permitted by the Chief Wild
Life Warden or the authorized
officer to reside within the limits of the sanctuary ;(c) a
person who has any right over immovable property within the limits
of the
sanctuary ;(d) a person passing through the sanctuary along a
public highway; and(e) the dependents of the person referred to in
clause (a), clause (b) or clause (c) ;
shall enter or reside in the sanctuary, except under and in
accordance with the conditions of a permit [ granted under section
28; ]
27. Prevention of offences in sanctuary – (1) Every person shall
; so long as he resides in the sanctuary be bound – (a) to prevent
the commission in the sanctuary, of an offence against this Act;(b)
where there is reason to believe that any such offence against this
Act hs been
committed in such sanctuary, to help in discovering and
arresting the offender;(c) to report the death of any wild animal
and to safeguard its remains until the Chief
Wild Life Warden or the authorized officer takes charge
thereof:(d) to extinguish any fire in such sanctuary of which he
has knowledge or information
and to prevent from spreading by any lawful means in his power,
any fire, within the vicinity of such sanctuary of which he has
knowledge or information; and
(e) to assist any Forest Officer, Chief Wild Life Warden, Wild
Life Warden or Police Officer demanding his aid for preventing the,
commission of any offence against this Act or in the investigation
of any such offence.
(2) Every person residing in, or within ten kilometers of, any
area declared as sanctuary under section 17, shall within three
months from such declaration, get the cattle in his possession
vaccinated.
-
(3) Any person who is convicted under any of the provisions of
this Act, shall be evicted from the sanctuary or land in relation
to which he has committed the offence.
(4) No person shall, with intent to cause damage to any
boundary-mark of a Sanctuary or to cause any wrongful gain as
defind in the Ranbir Penal Code, Samvat 1989, alter, destroy,
remove, or deface such boundary-mark.
(5) No person shall tease or molest any wild animal or litter
the grounds of sanctuary.
28. Grant of Permit. – (1) The Chief Wild Life Warden may, on
application, grant to any person a permit to
enter [ or stay temporarily in a sanctuary *] for all or any of
the following purposes namely :-(a) investigation or study of wild
life and purposes ancillary or incidental thereto;(b)
Photography;(c) Scientific research;(d) Recreation and trekking;(e)
Transaction of lawful business with any person residing in the
sanctuary;
(2) A permit to enter or reside in sanctuary shall be issued
subject to such conditions and on payment of such fee as may be
prescribed.
(29) Destruction, etc., in a sanctuary prohibited without a
permit: -No person shall destroy, exploit or remove wildlife or
forest produce from a sanctuary or damage or divert the habitat of
any wild animal or divert, stop or enhance the flow of water into
or outside the Sanctuary, except in accordance with a permit
granted b the Chief Wildlife Warden, and no such permit shall be
granted unless the Board, being satisfied that such destruction,
exploitation or removal of wildlife or forest produce form the
sanctuary or the change in the flow of water into or outside the
Sanctuary is necessary for the improvement and better management of
wildlife therein, authorizes the issue of such permit:
Provided that any minor forest produce so removed for the
betterment of the sanctuary may be used for meeting the personal
bonafide needs of the people living in and around the sanctuary and
shall not be used for commercial purposes, either by the Government
or the recipient local people. ]
30. Causing fire prohibited. – No person shall set fire to a
sanctuary, or kindle any fire, or leave any fire burning in a
sanctuary in such manner as to endanger such sanctuary.
31. Prohibition of entry into sanctuary with weapon. – No person
shall enter a sanctuary with any weapon except with the previous
permission in writing of the Chief Wild Life warden or the
authorized officer.
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32. Ban on use of injurious substances. – No person shall use or
carry in a sanctuary, chemicals, explosives or any other substances
which may cause injury to or endanger any wild life in such
sanctuary [ ***** ]
33. Control of sanctuaries. – The Chief Wild Life Warden shall
be the authority who shall control, manage and maintain all
sanctuaries and for that purpose within the limits of any sanctuary
–
(a) may construct shall roads, bridges, buildings, fences or
barrier gates, and carry not such other works as he may consider
necessary for the purposes of such sanctuary;
(b) shall take such steps as will ensure the security of wild
animals in the sanctuary and the preservation of the sanctuary and
wild animals.
(c) may take such measures, in the interests of wild life, as he
may consider necessary for the improvement of any habitat ;
(d) may regulate, control or prohibit, in keeping with the
interests of wildlife, the grazing or movement of [live stock
*]
(e) may regulate, control or prohibit, any fishing. (33-A)
Immunization of livestock – (1) The Chief Wildlife Warden shall
take such measures and in such manner as may be
prescribed, for immunization against communicable diseases of
the livestock kept in or within five kilometers of a sanctuary.
(2) No person shall take, or cause to be taken or graze, any
livestock in a sanctuary without getting it immunized. ]
33-B. Constitution of Advisory Committee for Sanctuary. – (1)
The Government shall constitute an Advisory Committee for each
sanctuary, to be
chaired by the Chief Wildlife Warden which shall consists of
member of the Legislative Assembly within whose constituency the
sanctuary is situated, three representatives of Panchayat, two
representatives of Non-Government Organisation active in the area,
three individuals active in the field of wildlife Conservation, two
representatives of the related department, Honorary Wildlife
Warden, if any, and the Officer incharge of the sanctuary as
Member-Secretary.
(2) The committee shall render advice on measures to be taken
for the better conservation and management of the sanctuary
including participation of the people living within and around the
sanctuary.
(3) The committee shall regulate its own procedure including
quorum. ]
34. Registration of certain persons in possession of arms – (1)
Within three months from the declaration of any area as a sanctuary
every person
residing in or within [ ten kilometers ] of any such sanctuary
and holding a licence granted under the Arms Act, 1959, for the
possession of arms or exempted from the provisions of that Act and
possessing arms or acquiring such arms subsequently shall apply in
such form in payment of such fee and within such time as may be
prescribed, to the Chief Wildlife Warden or the authorized officer,
for the registration of his name.
-
(2) On receipt of an application under sub-section (1) the Chief
Wildlife Warden or the authorized officer shall, register the name
of the applicant in such manner as may be prescribed.
National Parks
35. Declaration of National Parks. – (1) Whenever it appears to
the Government that an area whether within a sanctuary or
not, is, by reason of its ecological, faunal, floral, [
Geomorphological or natural significance of zoological association
] needed to be constituted as a National Park for the purpose of
protecting, propagating or developing wild life therein or its
environment, it may by notification declare its intention to
constitute such area as a National Park,
[* Provided that in area where all the rights have been
extinguished and the land has become vested in the Government under
any law, the area can be notified as National Park and the
provisions of sub-section (3) and sub-section (4) of this section
shall not apply. ]
(2) The notification referred to in sub-section (1) Shall define
the limits of the area which is intended to be declared a National
Park.
(3) Where any area is intended to be declared as a National
Park, the provisions of [ section 17 to section 25-A except clause
(c) of sub-section (2) ‘of section 23] shall, as far as may be,
apply to the investigation, and determination of claims, and
extinguishments of rights in relation to any land in such area as
they apply to the said matters in relation to any land in a
sanctuary.
(4) When the following events have occurred, namely –(a) the
period of preferring claims has elipsed, and all claims if any,
made in relation
to any land in an area intended to be declared as a National
Park, have been disposed of by the Government, and
(b) all rights in respect of lands proposed to be included in
the National Park have become visited in the Government.
The Government shall publish a notification specifying the
limits of the area which shall be comprised within the National
Park and declare that the said area shall be National Park on and
from such date as may be specified in the notification. [ ; ]
[* Provided that in area intended to be National Park and where
all rights have been extinguished and the land has become vested in
the Government under nay law for the time being in force the
proceedings under sections 17 to 25-A shall not apply and the area
shall be declared to be a National Park forthwith.
(5) No alteration of the boundaries of a National Park shall be
made except on the recommendation of the Board and a resolution to
this effect passed by both Houses of the State Legislature.
-
(6) No person shall, destroy, exploit or remove any wildlife or
forest produce from a National Park or destroy or damage or divert
the habitat of any wild animal or divert, stop or enhance the flow
of water into or outside the National Part except in accordance
with a permit, granted by the Chief Wildlife Warden, and no such
permit shall be granted unless the Board being satisfied that such
destruction, exploitation, or removal of wildlife or forest
produce, from the National Park or the change in flow of water into
or outside the National Park or the change in flow of water into or
outside the National Park is necessary for the improvement and
better management of wildlife therein, authorizes the issue of such
permit. National Park shall not be used for commercial purposes,
either by the Government or the recipient local people;
(7) No grazing of any [ live stock ] shall be permitted in
National Park and no [ live stock ] shall be allowed to enter
therein except where such [live stock] is used as a vehicle by a
person authorized to enter such, National Park.
(8) The [provisions of section 26, section 27, section 28,
section 30 to section 32 (both inclusive), and clause (a), clause
(b) and clause (c) of section 33, section 33-A, section 33-B and
section 34 shall as far as many be, apply in relation to National
Park as they apply in relation to a Sanctuary.
[ CONSERVATION RESERVE ]
36. Declaration of Conservation Reserve. – (1) The Government
may, by notification, declare, any area other than an area
comprised
within a National Park or a Sanctuary, as a Conservation
Reserve, for protecting flora and fauna and its habitat, specially
area adjacent to National Park and Sanctuaries and those which link
one Protected Area with another, with the participation of the
local people, within substantially human inhabited areas;
Provided that from the commencement of the Jammu and Kashmir
Wildlife (Protection) (Amendment) Act, 2002, Game Reserves or
Wetland Reserves or Chakore Reserves or Closed Areas, heretofore
declared as such from time to time under this Act, shall be deemed
to have declared as Conservation Reserves under this section.
(2) No person shall destroy, exploit or remove wildlife or
forest produce from a conservation reserve or destroy or damage or
divert the habitat of any wild animal or enhance the flow of water
into or outside the conservation reserve, except in accordance with
a permit to be granted by the Chief Wildlife Warden, after being
satisfied that such destruction, exploitation or removal of
wildlife or forest produce from the conservation reserve or the
change in the flow of water into or outside the conservation
reserve is necessary for the improvement and better management of
wildlife therein;
Provided that any minor forest produce so removed for the
betterment of the conservation reserve, may be used for meeting the
personal bondafide needs of the people living in and around the
conservation reserve and shall not be used for commercial purposes,
either by the Government or the recipient local people.
-
(3) The provisions of sub-section. (2) of section 17, section
26, sub-section (4) and sub-section (5) of section 27, section 28,
section 30, section 32, section 33, section 33-A and section 34
shall, as far as may be, apply in relation to a conservation
reserve as they apply in relation to a sanctuary.
(4) The Government shall constitute a Conservation Reserve
Management Committee, which shall advise the Chief Wildlife Warden
to conserve, maintain and manage the Conservation Reserve. The
Committee shall comprise of the representatives of the Forest
Department, Wildlife Department, one representative of each village
Panchayat in whose jurisdiction the reserve is located, three
representatives of non-governmental organization active in the area
and representatives of other related departments not exceeding two.
The representatives of the Wildlife Department shall be its
Secretary.
(5) The Committee shall regulate its own procedure including
quorum. ]
(37) Omitted 2002 ]
[ CHAPTER IV A ]MANAGEMENT AND RECOGNITION OF ZOOS AND DEER
PARKS.
37-A. Chief Wildlife Warden to manage and control the zoos and
deer parks in the State. – (1) Notwithstanding anything contained
in any other law for the time being in force, the
Chief Wildlife Warden shall be responsible for the management
and control of zoos and deer parks in the State.
37-B. Functions of the Chief Wildlife Warden with respect to the
management and control of Zoos and Deer Parks. – The chief Wildlife
Warden, shall, with respect to the management and control of zoos
and deer parks, perform the following functions, namely : -
(a) specify the minimum standards for housing, upkeep and
verterinary care of the animals kept in a zoo or a deer park;
(b) evaluate and assess the functioning of zoos and deer parks
with respect to the standards or the norms as may be prescribed
;
(c) recognize or derecognize zoos and deer parks ;(d) identify
endangered species of wild animals for the purpose of captive
breeding
and assigning responsibility in this regard to the zoo (s) ;(e)
co-ordinate the acquisition, exchange and loaning of animals for
breeding
purpose;(f) ensure maintenance of stud-books of endangered
species of wild animals bred in
captivity.(g) identify priorities and themes with regard to
display of captive animals in a zoo or
a deer park;(h) co-ordinate training of zoo personnel’s in and
outside State;
-
(i) co-ordinate research in captive breeding and educational
programmes for the purposes of zoos;
(j) provide technical and other assistance to zoos for their
proper management and development on scientific lines;
(k) perform such other functions as may be necessary to carry
out the purpose of this Act with regard to zoos and deer parks.
37-C. Recognition of Zoos and Deer Parks. (1) No zoos or deer
parks shall be operated without being recognized by the Chief
Wildlife Warden and no recognition shall be granted without the
proper approval of the Board:
provided that a zoo or a deer park being operated immediately
before the date of commencement of the Jammu and Kashmir Wildlife
(Protection) (Amendment) Act, 2002 may continue to operate without
being recognized for a period of six months from the date of such
commencement and if the application seeking recognition is made
within that period, the zoo may continue to be operated until the
said application is finally decided or withdrawn and in case of
refusal for further period of six months from the date of such
refusal.
(2) Every application for recognition of a zoo or a deer park
shall be made to the Chief Wildlife Warden in such form and on
payment of such fee as may be prescribed.
(3) Every recognition shall specify the conditions if any,
subject to which the applicant shall operate the zoo.
(4) No application to a zoo or a deer park shall be granted
unless the Board, having due regard to the interests of protection
and conservation of wildlife, and such standards, norms and other
matters as may be prescribed, that recognition should be
granted.
(5) No application for recognition of zoo or a deer park shall
be rejected unless the applicant has been given a reasonable
opportunity of being heard.
(6) The Chief Wildlife Warden may, for reasons to be recorded by
him, suspend or cancle any recognition granted under sub-section
(4):Provided that no such suspension or cancellation shall be made
except after giving the persons operating the zoo or deer park
reasonable opportunity of being heard.
(7) An appeal from an order refusing to recognize a zoo or a
deer park under sub-section (5), or an order suspending or
canceling a recognition under sub-section (6) shall lie to the
Government.
(8) An appeal under sub-section (7) shall be preferred with
thirty days from the date of communication to the applicant, of the
order appealed against:Provided that the Government may admit any
appeal preferred after the expiry of the period aforesaid, if it is
satisfied that the appellant had sufficient cause for not
preferring the appeal.
37D. Acquistion of animals by owner of a zoo or a deer park. –
Subject to the other provisions of this Act, no owner of zoo or
deer park shall acquire or transfer any wild animal specified in.
Schedule I or Schedule II except with the previous permission of
the Chief Wildlife Warden.
-
37E. Prohibition to teasing etc., in zoo or a deer park. – No
person shall tease, molest, injure or feed any animal or cause
disturbance to the animals by noise or otherwise, or litter the
grounds in zoo or deer park.”
CHAPTER V
TRADE OR COMMERCE IN WILD ANIMALS.ANIMAL ARTICLES AND
TROPHIES
38. Wild animals etc. to be Government property. – (1) Every
–
(a) Wild animal other than vermin, which is hunted under section
10 or section 29 or sub-section (6) of section 35 or kept or bred
in captivity or hunted in contravention of any provision of this
Act or any rule or order made thereunder or found dead, or killed
by mistake; and
(b) animal article, trophy or uncured trophy or meat derived
from any wild animal referred to in clause (a) in respect of which
any offence against this Act or any rule or order made thereunder
has been committed.
(c) ivory and an article made from such ivory in respect of
which an offence against this Act or any rule or order made
thereunder has been committed ;
(d) timber or forest produce in respect of which an offence has
been committed in a Conservation Reserve or a Sanctuary or a
National Park declared by the Government ; and
(e) vehicle, vessel, weapon, trap or tool that has been used fro
committing an offence and has been seized under the provisions of
this Act; ] and shall be the property of the Government, and where
such animal is hunted in a sanctuary or National Park, declared by
the Government, such animal or any animal article, trophy, uncured
trophy or meat derived from such animal, [ or any vehicle, vessel,
weapon, trap or tool used in such hunting * ] shall be the property
of the Government.
(2) Any person who obtains, by any means, the possession of
Government property, shall within, Forty-eight hours from obtaining
such possession, make a report as to the obtaining of such
possession to the nearest police station or the authoirsed officer
and shall, if so required, hand over such property to the
Officer-in-Charge of such police station or such authorized
officer, as the case may be.
(3) No person shall, without the previous permission in writing
of the Chief Wild Warden or the authorized officer –(a) acquire or
keep in his possession, custody or control or(b) transfer to any
person, whether by way of gift, sale or otherwise, or(c) destroy or
damage, such Government property.
39. Declaration. –
-
(1) Every person having at the Commencement of this Act the
control, custody or possession of any captive animal specified in
Schedule I or Part II of Schedule II or any uncured trophy derived
from such animal or salred or dried skins of, such animal or the
musk of a musk deer or [ the horn of a rhinoceros tusk, *] shall
within thirty days from the commencement of this Act, declare to
the Chief Wildlife Warden or the authorized officer the number and
description of the animal, or article of the foregoing description
under his control, custody or possession and the place where such
animal or article is kept.
(2) No person shall, after the commencement of this Act,
acquire, receive, keep in his control, custody or possession, sell,
offer for sale or otherwise transfer or transport any animal
specified in Schedule I or Part II of Schedule II or any uncured
trophy or meat derived from such animal, or the salted or dried
skins of such animal or the musk of a musk deer or the horn of a
rhinoceros, except with the previous permission in writing of the
Chief Wildlife Warden or the authorized officer.
(3) Nothing in sub-section (1) or sub-section (2) shall apply to
a recognized zoo or deer park, subject to the provisions of section
37D or to a public museum; and
(4) The Government may, by notification, require any person to
declare to the Chief Wildlife Warden or the authorized officer [any
animal or animal article *] or salted or dried skin derived from an
animal specified in Schedule I or Part II of Schedule II in his
control, custody or possession in such, for in such manner, and
within such time, as may be prescribed.
40. Inquiry and preparation of inventories. – (1) On receipt of
a declaration made under section 39, the chief Wildlife Warden or
the
authorized officer may after such notice, in such manner and at
such time, as may be prescribed.(a) entery upon the premises of a
person referred in section 39;(b) make inquiries and prepare
inventories of animal articles, trophies, uncured
trophies, salted and dried skins and captive animals specified
in Schedule I and Part II of Schedule II and found thereon: and
(c) affix upon the animal articles, trophies or uncured trophies
identification marks in such manner as may be prescribed.
(2) No person shall obliterate or counterfeit any identification
mark referred to in this chapter.
41. Certificate of ownership – The Chief Wildlife Warden may for
the purpose of section 39 issue a certificate of ownership in such
form, as may be prescribed, to any person Who, in his opinion is in
lawful possession of any wild animal or any animal article, trophy,
uncured trophy and may, where possible, mark, in the prescribed
manner, such animal article, trophy or uncured trophy for purposes
of identification.
42. Regulation of transfer of animal etc.- (1) Subject to the
provisions of sub-section (2), sub-section (3) and sub-section (4)
a
person (other than a dealer) who does not possess a certificate
of ownership shall not –
-
(a) sell or offer for sale or transfer whether by way of sale,
gift or otherwise any wild animal specified in Schedule I or Part
II of Schedule II or any captive animal belonging to, that category
or any animal article, trophy, uncured trophy or meat derived
thereform;
(b) make animal articles containing part or whole of such
animal;(c) put under a process of taxidermy, an uncured trophy of
such animal ;except with
the previous permission in writing of the Chief Wildlife Warden
or the authorized officer.
(2) Where a person transfers [* or transports from this State to
another State ] or acquires by transfer, from outside the State any
such animal, animal article, trophy or uncured trophy as is
referred to in sub-section (a) in respect of which he has a
certificate of ownership, he shall, within thirty days of the
transfer, report the transfer to the Chief Wildlife Warden or the
authorized officer, [* within whose jurisdiction the transfer or
transport is effected.
(3) No person who does not possess a certificate of ownership
shall acquire by transfer from outside the State any such animal,
animal article, trophy or uncured trophy as is referred to in
sub-section (1) except with the previous permission in writing of
the Chief Wildlife Warden or the authorised officer.
(4) Before granting any permission under sub-section (1) or
sub-section (3) the Chief Wildlife Warden or the authorized officer
shall satisfy himself that the animal or article referred to
therein has been lawfully acquired.
(5) While permitting the transfer of any animal, animal article,
trophy or uncured trophy, as is referred to in sub-section (1) the
Chief Wild Life Warden or the authorized officer –(a) shall issue a
certificate of ownership after such inquiry as he may deem fit;(b)
shall, where the certificate of ownership existed in the name of
the previous
owner, issue a fresh certificate of ownership in the name of the
person to whom the transfer has been effected;
(c) may affix an identification mark on any, such animal, animal
article, trophy or uncured trophy;
(6) Nothing in this section shall apply:(a) to tail feather of
peacock and articles or trophies made thereform;(b) to any
transaction entered into by a recognized zoo subject to the
provisions of
section 37-D or with any other recognized zoo or public
museum.
43. Dealings in trophy and animal articles without licence
prohibited. – (1) Except under, and in accordance with, a licence
granted under sub-section (4) no
person shall –(a) commence or carry in the business as -(i) a
manufacturer of or dealer in any animal article; or (ii) a
taxidermist; or
-
(iii) a dealer in trophy or uncured trophy; or(iv) a dealer in
captive animals; or (v) an exhibition of captive animals
specified(vi) Omitted 2002 *]
(b) Cook or serve meat in any eating house; or(c) Carry on a
business of circus or exhibition of captive animals for the purpose
of
performance:(d) Derive, collect, prepare, or deal in snake
venom; * ]
Provided that nothing in this sub-section shall prevent a
person, who immediately before the commencement of this Act was
carrying on the business or occupation specified in this
sub-section from carrying on such business or occupation for a
period of thirty days from such commencement, or where he has made
an application within that period for the grant of a licence to him
until the licence is granted to him or he is informed in writing
that a licence cannot be granted to him or he is informed in
writing that a licence cannot be granted to him:
Provided further that nothing in this sub-section shall apply to
the dealers in tail feathers of peacock and articles made therefrom
and the manufactures of such articles. ]
Explanation – For the purpose of this section, “eating-house”
includes a hotel, restaurant, house-boat or any other place where
any eatable is served on payment, whether or not such payment is
separately made for such eatable or is included in the amount
charged for board and lodging.
(2) Every manufacturer of, or dealer in, animal article, or ever
dealer in captive animals, trophies or uncured trophies, or every
taxidermist shall, within forty-five days from the commencement of
this Act, declare to the trophies and uncured trophies, as the case
may be, as on the date of such declarations and the Chief Wildlife
Warden or the authorized officer may place an identification mark
on every animal article, captive animal, trophy or uncured trophy,
as the case may be.
(3) Every person referred to in sub-section (1) who intends to
obtain a licence, shall, within forty-five days from the
commencement of this Act, make an application to the Chief Wildlife
Warden or the authorized officer for the grant of a licence.
(4) (a) Every application referred to in sub-section (3) shall
be made, in such form and on payment of such fee as may be
prescribed, to the Chief Wildlife Warden or the authorized
officer.
(b) No licence referred to in sub-section (1) shall be granted
unless the Chief Wildlife Warden, or [* the authorized officer
having regard to the antecedents and previous experience of the
applicant, the implications which the grant of such licence would
have on the status of wildlife and to such matters as may be
prescribed in this behalf ] and after making such inquiry in
respect of those matters as he may think fit, is satisfied that the
licence should be granted.
-
(5) Every licence granted under this section shall specify the
premises in which and the conditions, if any, subject to which the
licensee shall carry on his business.
(6) Every licence granted under this section shall –(a) be valid
for one year from the date of its grant ;(b) not be transferable;
and(c) be renewable for a period not exceeding one year at a
time.
(7) No application for the renewal of a licence shall be
rejected unless the holder of such licence has been given a
reasonable opportunity of presenting his case and unless the Chief
Wildlife Warden or the authorized officer is satisfied that –(i)
the application for such renewal has been made after the expiry of
the period
specified therefore; or(ii) any statement made by the applicant
at the time of the grant or renewal of the
licence was incorrect or false in material particulars ; or(iii)
the applicant has contravened any term or condition of the licence
or any
provision of this Act or any rule made thereunder; or(iv) the
applicant does not fulfill the prescribed conditions.
(8) Every order granting or rejecting an application for the
grant or renewal of a licence shall be made a reasons therefore
recorded in writing.
(9) Nothing in the foregoing sub-sections shall apply in
relation to vermin.
44. Suspension or cancellation of licences – Subject to any
general or special order of the Government, [ the ] Chief Wildlife
Warden or the authorized officer may, for reasons to be recorded by
him in writing suspend or cancel any licence granted or renewed
under section 43 ;
Provided that no such suspension or cancellation shall be made
except after giving the holder of the licence a reasonable
opportunity of being heart.
45. Appeal. – (1) An appeal from an order refusing grant or
renew a licence under section 43 or an
order suspending or canceling a licence under section 44 shall
lie –(a) if the order is made by the authorized officer, to the
chief Wild Life Warden; or(b) if the order is made by the Chief
Wildlife Warden, to the Government.
(2) In the case of an order passed in appeal by the Chief
Wildlife Warden under clause (a) of sub-section (1), a section
appeal shall lie to the Government.
(3) Subject as aforesaid, every order passed in appeal under
this section shall be final.(4) An appeal under this section shall
be preferred within thirty days from the date of the
communication, to the applicant, of the order appealed
against:
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Provided that the appellate authority may admit any appeal
preferred after the expiry of the period aforesaid if it is
satisfied that the appellant had sufficient cause for not
preferring the appeal in time.
46. Maintenance of records. – A licensee under this Chapter
shall –
(a) keep records and submit such returns of his dealings as may
be prescribed, to the chief Wildlife Warden and Wildlife Warden or
the authorized officer;
47. Purchase of animal etc. by licensee. – No licensee under
this Chapter shall –
(a) keep in his control, custody or possession –(i) any animal,
animal article, trophy or uncured trophy in respect of which a
declaration under the provisions of sub-section (2) of section
43 has to made but has not been made;
(ii) any animal or animal article, trophy, [* uncured trophy] or
meat which has not been lawfully acquired under the provisions of
this Act, or any rule or order made thereunder;
(b) (i) capture any wild animal; or(ii) acquire, receive, keep
in his control, custody or possession or sell, offer for
sale or transport, [* any captive animal specified in Schedule I
or Part II of Schedule II or any animal ] trophy, uncured trophy or
meat derived therefrom or serve such meat or put under a process of
taxidermy or make animal article containing part or whole of such
animal; except in accordance with such rules as may be made under
this Act:
Provided that where the acquisition or, possession, control or
custody of such animal or animal article, trophy or uncured trophy
entails the transfer or transport from outside State, no such
transfer or transport shall be effected except with the previous
permission in writing of the Chief Wildlife Warden or any other
officer authorized by him in this behalf:
Provided further that no such permission under the foregoing
provision shall be granted unless the Chief Wildlife Warden or the
officer authorized by him is satisfied that the animal or article
aforesaid has been lawfully acquired.
(48) Restriction on transportation of wildlife. – No person
shall accept any wild animal (other than vermin) or any animal
article, or any specified plant or part or derivative thereof, for
transportation except after exercising due care to ascertain that
permission from the Chief Wildlife Warden or any other officer
authorized by the government in this behalf has been obtained for
such transportation.
49. Purchase of captive animal, etc. by a person other than a
licensee. –
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No person shall purchase, receive or acquire any captive animal,
wild animal other than vermin, or any animal article, trophy,
uncured trophy or meat derived therefrom otherwise than from a
dealer or from a person authorized to sell or otherwise transfer
the same under this Act:
Provided that nothing in this section shall apply to a
recognized zoo subject to the provisions of section 37 D or to a
public museum. - ]
[CHAPTER V A *]
PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES
ETC. DERIVED FROM CERTAIN
SPECIFIED ANIMALS49A. Prohibition of dealing in trophies, animal
articles etc. derived from specified scheduled animals. – (1)
Subject to the other provisions of this section and after sixty
days from the
commencement of the Jammu and Kashmir Wildlife Protection
(Amendment) Act, 2002 no person shall –
(a) commence or carry on the business as –(i) a manufacturer of,
or dealer in, specified scheduled animal articles ; or(ii) a dealer
in ivory articles made therefrom or a manufacture of such
articles; or (iii) a taxidermist with respect to any specified
scheduled animal or any
part of such animal; or(iv) a dealer in trophy or uncured trophy
derived from any specified
scheduled animal; or(v) a dealer in any captive animal being
specified scheduled animal; or(vi) a dealer in meat derived from
any specified scheduled animal; or
(b) cook or serve meat derived from any specified scheduled
animal in any eating-house.
Explanation. – For the purpose of this sub-section
“eating-house” has the same meaning as in the Explanation below
sub-section ( I ) of section 43.
(2) Subject to the other provisions of this section, the licence
granted or renewed under section 43 before the commencement of the
Jammu and Kashmir Wildlife (Protection) (Amendment) Act, 2002 shall
not entitle the holder thereof or any other person to commence or
carry on the business referred to in clause (a) of sub-section (1)
of this section or the occupation referred to in clause (b) of that
sub-section after the commencement of the said Amendment Act.
(3) Notwithstanding anything contained in sub-section (I) or
sub-section (2), where the Government is satisfied that it is
necessary or expedient to do so in the public interest, it may, by
general or special order published in the Government Gazette,
exempt, for purposes of export, any corporation owned or controlled
wholly, or
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substantially financed by the Government from the provisions of
sub-section (1) and sub-section (2).
(4) Notwithstanding any thing contained in sub-section (1) or
sub-section (2), but subject to any rules which may be made in this
behalf, a person holding a licence under section 43 to carry on the
business as a taxidermist may put under a process of taxidermy may
put under a process of taxidermy any specified scheduled animal or
any part thereof, -
(a) for or on behalf of the Government or any corporation
exempted under sub-section (3); or
(b) with the previous authorization in writing of the Chief
Wildlife Warden, for and on behalf of any person for educational or
scientific purpose.
49-B. Declaration by dealer. – (1) Every person carrying on the
business or occupation referred to in sub-section (1) of
section 49A shall, within sixty days after the commencement of
the Jammu and Kashmir Wildlife (Protection) (Amendment) Act, 2002,
declare to the Chief Wildlife Warden or the authorized officer,
-(a) his stock, if any, of –(i) specified scheduled animal
articles;(ii) specified scheduled animals and parts thereof;(iii)
trophies and uncured trophies derived from specified scheduled
animals.(iv) Captive animals being specified scheduled animals;
and(v) Ivory or article made therefrom.
Provided that such declaration, in respect of any wild animal,
added or transferred to Schedule I or part II of Schedule II at any
time after the commencement of the Jammu & Kashmir Wildlife
(Protection) (Amendment) Act, 2002 shall be made within sixty days
after such addition or transfer;
(b) The place or places at which the stocks mentioned in the
declaration are kept; and(c) The descscription of such items, if
any, of the stocks mentioned in the declaration
which he desires, to retain with himself for his bonafide
personal use.(2) On receipt of a declaration under sub-section (I),
the Chief Wildlife Warden or the
authorized officer may take all or any of the measures specified
in section 40 and for this purpose, the provisions of section 40
shall, so far as may be, apply.
(3) Where, in a declaration made under sub-section ( I ), the
persons making the declaration expresses his desire to retain with
himself any of the items of the stocks specified in the declaration
for his bonafide personal use, the Chief Wildlife Warden, with the
prior approval of the Government, may, if he is satisfied that the
person is in lawful possession of such items issue certificate of
ownership in favour of such person with respect to all, or as the
case may be, such of the items as in the opinion of the Chief
Wildlife Warden are required for the bonafide personal use of such
persons and affix upon such items identification marks in such
manner as may be prescribed:
Provided that no such item should be kept in any commercial
premises.
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(4) No person shall obliterate or counterfeit any identification
mark referred to in sub-section (3).
(5) Any appeal shall lie against any refusal to grant
certificate of ownership under sub-section (3) and the provisions
of sub-section (2), sub-section (3) and sub-section (4) of section
45 shall, so far as may be, apply in relation to appeals under this
sub-section.
(6) Where a person who has been issued a certificate of
ownership under sub-section (3) in respect of any item, -
(a) transfers such item to any person, whether by way of gift,
sale or otherwise; or
(b) transfers on transports from or to the State any such
item,he shall, within thirty days of such transfer or transport,
report the transfer or transport to the Chief Wildlife Warden or
the authorized officer.
(7) No person, other than a person who has been issued a
certificate of ownership under sub-section (3) shall, after 60 days
from the commencement of the Jammu and Kashmir Wildlife
(Protection) (Amendment) Act, 2002 date, keep under his control,
sell or offer for sale or transfer to any person any specified
scheduled animal or specified scheduled animal article or any kind
of ivory or any article made therefrom.”
CHAPTER VIPREVENTION AND DETECTION OF OFFENCES
50. Power of entry, search, arrest and detention. (1)
Notwithstanding anything contained in any other law for the time
being in force, the
Chief Wildling Warden or the authorized officer or any forest
officer or any police officer not below the rank of a sub-inspector
[****] may, if he has reasonable grounds for believing that any
person has committed an offence against this Act –(a) require any
such person to produce for inspection any captive animal, wild
animal, animal article, meat, [ trophy, uncured trophy or forest
produce or specified plant or part or derivative thereof ] in his
control, custody or possession or any licence, permit or other
document granted to him or required to be kept by him under the
provision of his Act;
(b) stop any vehicle or vessel in order to conduct search or
inquiry or enter upon and search any premises, land, vehicle or
vessel, in the occupation of such persons and open or search any
baggage or other things in his possession, and may break open any
outer or inner door, window of any premises or places in order to
conduct search or liberate himself or any person lawfully
authorized for the purpose of making search or seizure;
[ * (c) Seize –(i) any captive animal, wild animal, animal
article, meat trophy or uncured
trophy, or any forest produce or any specified plant or part or
derivative thereof in respect of which an offence against this Act
appears to have been committed, in the possession of any person
together with all traps, tools, vehicles, vessels, or weapons,
boats, carts, equipments, ropes, chains,
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machines, cattle, or any other article used for committing any
such offence and unless he is satisfied that such person will
appear and answer any charge which may be preferred against him,
arrest him, without warrant and detain him ;
(ii) any trap, tool, vessel, or weapon intended to be used for
committing an offence under this Act and any person who is found to
be in possession of any trap or weapon in any Protected Area, shall
be deemed to be intending to use them for the purpose of committing
an offence under this Act unless proved otherwise;
(iii) any timber or any other forest produce in possession of
any person, in respect of which an offence has been committed in a
Conservation Reserve or National Park declared by the Government
together with all tools, arms, weapons, vessels, equipments, ropes,
chains, machines, vehicle, cattle or any other article used in
committing such offence, and unless he is satisfied that such
person will appear and answer any charge which may be preferred
against him, arrest him, without warrant and detain him.
(cc) any officer seizing any property under this section shall
place on such property a mark indicating the same has been so
seized, and shall as soon as may be, make a report of such seizure
to the Magistrate having jurisdiction to try the offence on account
of which such seizure has been made under intimation to the Chief
Wildlife Warden.
(d) hold an inquiry into the offence under the Act, and during
the course of the inquire to receive and record evidence and compel
attendance of witnesses and production of documents and material
objects, evidence so recorded shall be produced in any subsequent
trial before a Magistrate.
(2) Any officer of and above the rank of an Assistant Wildlife
Warden or Assistant Conservator of Forests, who or whose
subordinate, has seized any captive animal or wild animals or any
animal article, or specified plant or part or derivative thereof,
or any forest produce or any vessels, vehicles, tools, arms,
weapons, machines, equipments, implements, chains, ropes or cattle
or any other articles used in committing any offence under this Act
may keep the same on “Sapurdnama” of a respectable person on the
execution of a bond thereof, by such person, for the production of
the property so kept on “Sapurdnama”, if and when so required,
before the Magistrate having jurisdiction to try the offence, on
account of which the seizure has been made.
(3) It shall be lawful for any of the officers referred to in
sub-section (1) to stop and detain any person, whom he sees doing
any, act for which a licence or permit is required under the
provision of this Act; for purposes of requiring such person to
produce the licence or permit and if such person fails to produce
the licence or permit, as the case may be, he may be arrested
without warrant., unless he furnishes his name and address and
otherwise satisfies the officer arresting him that he will duly
answer any summons or other proceedings which may be taken against
him.
(4) Any person detained, or things seized under the foregoing
power, shall forthwith be taken before a Judicial Magistrate to be
dealt with according to law.
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(5) Any person who, without reasonable cause, fails to produce
anything, which he is required to produce under the section, shall
be guilty of an offence against this Act.
(6) Where any meat or uncured trophy, specified plant or part or
derivative thereof is seized under this section, the Chief Wildlife
Warden or the authorized officer may arrange for the destruction of
the same in such manner as may be prescribed;
(7) Whenever any person is approached by any officers referred
to in sub-section (1) for assistance in the prevention or detection
of an offence against this Act, or in apprehending persons charged
with the violation of this Act, or for seizure in accordance with
clause (c) of sub-section (1), it shall be the duty of such person
to render such assistance.
(8) Notwithstanding anything contained in any other law for the
time being in force, any officer of the Wildlife Department not
below the rank of Assistant Wildlife Warden or Assistant
Conservator of Forests, shall have the powers, for the purpose of
making investigation into any offence against any provision of this
Act. –(a) to issue a search warrant;(b) to enforce the attendance
of witness;(c) to compel the discovery and production of documents
and material objects; and(d) to receive and record evidence.
(9) Any evidence recorded under clause (d) of sub-section (8)
shall be admissible in any subsequent trial before a Magistrate
provided that it has been taken in presence of the accused
persons.
50-A. Requisition for police assistance.- Any Wildlife Warden or
Forest Officer may requisition the services of any Police Officer
having jurisdiction in the area to assist him for any of the
purpose of this Act and it shall the duty of every such officer to
comply with such requisition.
51. Penalties. – (1) Any person who contravenes any provisions
of this Act [ except chapter VA and
section 37E and section 42 ] or any rule or order made there
under or who commits a breach of any of the conditions of any
licence or permit granted under this Act, shall be guilty of any
offence against this Act and shall on conviction be punishable with
imprisonment for a term which may extend to [ three years and fine
which may extend to twenty-five thousand rupees but shall not be
less than ten thousand rupees.
Provided that where the offence committed is in relation to any
animal specified in schedule in schedule I or Part II of Schedule
II or meat of any such animal or animal article, trophy or uncured
trophy derived from such animal or where the offence relates to
hunting in [ conservation reserve ] a sanctuary or a National Park;
such offence shall be punishable with imprisonment for a term which
shall not be less than [ * two years] but may extent to six years
and also with the fine which shall not be less than [Twenty five
thousand rupees
Provided that in the case of a second or subsequent offence of
the nature mentioned in the fore-going provision, the term of
imprisonment shall not be less than, [ two years ] and the amount
of the fine shall not be less than [ ten thousand ] rupees.
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(1A) Any person who contravenes any provisions of Chapter V A,
shall be punishable with imprisonment for a term which shall not be
less than one year but which may extend to seven years and also
with fine which may extend to twenty thousand rupees but shall not
be less than five thousand rupees.
(1B) Any person who contravenes the provisions of section 37D
and section 42 shall be punishable with imprisonment for a term
which may extend to six months or with fine which may extend to
five thousand rupees, or with both;
provided that in case of second or subsequent offence the term
of imprisonment may extend to two year or the fine may extend to
twenty-five thousand rupees; ]
(2) When any person is convicted of an offence against this Act,
the Court trying the offence, may order that any captive, animal,
wild animal, animal article, trophy, uncured trophy or meat [ivory
and articles made from such ivory, any forest produce, specified
plant or part or derivative thereof ] in respect of which the
offence has been committed, and nay trap, tools, vehicle, vessel or
weapon, used in the commission of the said offence be forfeited to
the Government and that any licence or permit, held by such person
under the provisions of this Act, be cancelled.
(3) Such cancellation of licence or permit, or such forfeiture
shall be in addition to any other punishment that may be awarded
for such offence.
(4) Where any person is convicted of an offence against this
Act, the Court may direct that the licence, if any, granted to such
person under the Arms Act. 1959 (54 of 1959), for possession of any
arms with which an offence against this Act has been committed,
shall be cancelled and that such person shall not be eligible for a
licence under the Arms Act, 1959 for a period of five years from
the date of conviction.
(5) Nothing contained in section 562 of the Code of Criminal
Procedure, Samvat 1989 or in the Jammu and Kashmir Probating of
Offenders Act, 1966 shall apply to a person convicted of an offence
with respect to hunting in a conservation reserve or a sanctuary or
a national park or of an offence against any provision of Chapter V
A unless such person is under eighteen years of age.
(51A) Penalty for endangering protected area or polluting the
environment. Any person who –
(a) sets fire to a protected area or kindles any fire or leaves
any fire burning in such manner as to endanger such protected
area;
(b) attempts to clear or breaks up any land or erects a fence,
enclosure or any structure for cultivation or cultivates or
attempts to cultivate any land in any other manner in any protected
area for any other purpose;
(c) Installs or establishes a saw mill or forest based industry
or any other industry pollution the environment within such limit
outside the protected area to be prescribed by the Government from
time to time.
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Shall be punished with imprisonment for a term which may extend
to three years but shall not be less than six months and with fine
which may extend to fifty thousand rupees but shall not be less
than five thousand rupees. *]
(52) Omitted 2002
53. Penalty for altering, removing, destroying or defacing
boundary mark. – Whoever, with intent to cause damage or injury to
the public, or to any person or to cause wrongful gain as defined
in the Ranbir Penal Code, alters, removes, destroys or defaces any
boundary mark of a [ Protected area], shall be punished with
imprisonment of either description for a term which may extend to [
th